39 C.F.R. § 776.1
Purpose and policy
(a) The regulations in this part implement the goals of Executive Orders 11990, Protection of Wetlands, and 11988, Floodplain Management, and are adopted pursuant to the Postal Reorganization Act, as the Postal Service does not meet the definition of the term “agency” used in the Executive Orders.
(b) The Postal Service intends to exercise leadership in the acquisition and management of real property, construction of facilities, and disposal of real property, located in floodplains and wetlands. Consistent with the goals of the Executive Orders, the regulations in this part are not intended to prohibit floodplain and wetland development in all circumstances, but rather to create a consistent policy to minimize adverse impacts.
Notes of Decisions
Cited in 2
cases, 1990–1992 · leading case: City of Waltham v. United States Postal Serv., 786 F. Supp. 105 (D. Mass. 1992).
City of Waltham v. United States Postal Serv., 786 F. Supp. 105 (D. Mass. 1992). “39 C.F.R. § 776.1 (d). Waltham claims that the Postal Service violated these regulations and Handbook procedures by not conducting a mandatory wetlands study and not performing a “no practicable alternatives" wetlands analysis as part of its site selection and environmental…”
United States v. 27.09 Acres of Land, 737 F. Supp. 277 (S.D.N.Y. 1990). “See 39 C.F.R. § 776.1 . The Postal Service has not argued that these regulations are unenforceable.”
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